FARMINGTON — Davis County and state officials are reviewing the campaign tactics of two men who won seats on a water district board with the help of a write-in candidate who knew he could not be elected.
The focal point of the review is a campaign brochure promoting Greg Jones, Reid Neumann and write-in candidate Sherm Hoskins that includes a copy of a sample ballot that had been altered with their names marked and several words blacked out. All three ran for seats on the Benchland Water District Board in the Nov. 8 election.
Neumann and Jones won, unseating incumbents Phil Leonard and James H. Taylor.
Jay Peck, attorney for the water district, said he started hearing complaints about the brochure the day before the election, raising questions both about whether the candidates illegally defaced a sample ballot by marking their names and listing the name of a write-in candidate; and whether the brochure inappropriately implies the district's endorsement of the candidates, since the sample ballot bears the signature of the district's clerk.
"We've had a lot of concerns about that," Peck said. "I'm concerned about it."
Also playing part is a new state law that requires write-in candidates to register at least 45 days before the election in order to qualify.
Sherm Hoskins, the person promoted in the campaign brochure as a write-in candidate, said Tuesday he was told about the new state law that requires write-in candidates to register, and that he did not do that before being promoted in the brochure as a write-in.
The top three vote getters on the ballot were elected. Hoskins did not win, but he did claim 454 votes.
Leonard, an incumbent who finished fourth, trailed the winning candidate in third place by 94 votes. Leonard believes the votes that went to Hoskins cost him the election. He finds it unfair that a candidate would campaign and attract votes just to diffuse the results among other candidates.
But booting the incumbents without intending to take office is just what Hoskins said he had in mind.
"I just said I thought the issue was that it would send a signal to whoever won. It was that people are looking for some new blood in these positions," Hoskins said. "I had people call me and ask, 'Is it going to count if I vote for you?' and I said 'No. If you vote for me you're just voting for a change.'"
State Elections Director Mark Thomas said Monday he is aware of the controversy and is watching to see how the Davis County Attorney Office's investigation advances. The actual investigation likely will rest with the individual cities in the district, which includes areas of Farmington, Fruit Heights and Kaysville.
Neal Geddes, an attorney in the Davis County Attorney's office, said his office is also advising people who live in the irrigation water district to direct their complaints to their respective city attorneys.
Neumann said he is aware of the investigation. "I didn't know we were doing anything wrong," he said. Jones, the other winner promoted on the brochure, declined an invitation to talk about the investigation.
Peck said that until the county attorney's office decides whether any laws were broken, there is nothing to keep the two winners from being sworn in this January.
"We hope the county attorney will act quickly to bring the matter to a head."
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